House backs harsher sex offense penalty

CHEYENNE - People convicted of first-degree sexual assault
against a minor would face a minimum sentence of 15 years in prison
under a bill that received preliminary approval in the Wyoming
House of Representatives on Thursday.

The House must still approve the proposal two more times before
it can head to the Senate.

The bill would set the penalty range at 15 to 50 years in
prison, up from the existing range of zero to 50 years. The House
rejected a proposed amendment to set the minimum prison term at 25
years.

Proponents of the bill said the state needs to establish that
it's tough on those who prey on children. First-degree sexual
assault charges are usually filed in cases when the victim is very
young or the defendant exploits a position of trust over a child,
such as when the perpetrator is a parent or stepparent.

Opponents, however, said mandatory minimum sentences take
discretion out of judges' hands. They said mandatory minimums allow
prosecutors essentially to determine prison sentences by selecting
which law they use to file charges against a defendant.

Rep. Lori Millin, D-Cheyenne, the bill's sponsor, said
statistics show that by the time perpetrators are finally convicted
of sexual assault against children, they've commonly committed many
earlier offenses.

"These are our children, and I believe that those who prey upon
our children should feel the full measure of the law," Millin
said.

"I ask myself, 'Will the penalty fit the crime?' " Quarberg
said. "In my opinion, 15 years is not enough. The standard norm
across the country is 25 years, so I ask the body to make that
decision."

On the question of whether to approve the 15-year mandatory
minimum, Rep. Keith Gingery, R-Jackson, said it would be up to a
prosecutor whether to charge a 16-year-old defendant as an adult.
Conviction in juvenile court would carry a much lighter
sentence.

Rep. Kermit Brown, R-Laramie, said it would be wrong to give
that discretion to the prosecutor instead of the judge. He urged
people to vote against the bill.

Thirty-seven House members voted for bill. There are 60 members
of the House, but the exact number of members who voted against it
wasn't announced.